APPEAL, REVIEW & REVISION

1. APPEAL, REVIEW & REVISION PURPOSE • In each case not only justice must be done, but also it must be seen to have been done • Punishment has to be weighed against the degree of misconduct alleged and has, in essence, to be corrective in purpose • protective provisions against miscarriage of justice by possible capricious and whimsical orders

2. OBJECTIVE OF THE SESSION Disposal of Disciplinary cases by • self-contained • speaking • reasoned order

3. MAJOR PENALTIES MINOR PENALTIES UNDER RULE 11 OF CCS (CCA) RULES, 1965 Disciplinary procedure Rule 14 for Major Penalties Rule 16 for Minor Penalties RULE 11 OF CCS (CCA) RULES, 1965 and ARTICLE 309 of the CONSTITUTION

4. Principles Of Natural Justice • judgments should be free from bias • men should not be condemned unheard • decisions should not be reached behind the back of the employee • findings should always arrived by self-contained, speaking and reasoned order

5. Principles Of Natural Justice - in a disciplinary proceeding • charge-sheet in writing setting forth, in definite and distinct articles of the charges • Charged Officer (CO)must be given reasonable time to answer • Inquiry Officer(IO)should not have any bias against the CO • The principles regarding ‘burden of proof’ and ‘fair procedures’ should be borne in mind

6. SAFEGUARDS AGAINST ARBITRARY ORDERS • APPEAL • REVISION • REVIEW

7. APPEALS Orders against which no appeal lies - RULE 22 • Any order made by the president. • An order of interlocutory nature in a disciplinary proceeding. • Any order passed by io in the course of inquiry.

8. ORDERS AGAINST WHICH APPEAL LIES RULE 23 • An order of suspension • An order imposing penalties • An order enhancing any penalty. • An order of reversion while officiating in a higher post • Reducing or withholding pension.

9. APPELLATE AUTHORITY RULE 24 - A Government servant may prefer appeal against any orders • to the appointing authority where the order appealed against is made by an authority subordinate to it. • to the President.

10. PERIOD OF LIMITATION RULE 25 • NO APPEAL LIES BEYOND 45 DAYS • APPELLATE AUTHORITY MAY ENTERTAIN APPEAL AFTER EXPIRY PERIOD IF SATISFIED.

11. FORM AND CONTENT OF APPEAL RULE 26 • SEPARATELY AND IN HIS OWN NAME • TO THE AUTHORITY TO WHOM APPEAL LIES • SHALL NOT CONTAIN ANY DISRESPECTFUL OR IMPROPER LANGUAGE

12. RULE 27 - CONSIDERATION OF APPEAL • Appellate authority to ensure the laid down procedure have been complied with • Finding of the DA are warranted by the evidence on record • The penalty imposed is adequate, inadequate or severe

13. CONSIDERATION OF APPEAL -(Contd.) RULE 27 • PASS ORDERS • CONFIRM • ENHANCE • REDUCE • SET-ASIDE THE PENALITY

14. CONSIDERATION OF APPEAL -(Contd.) No order imposing an enhance penalty can be made in any case unless • Government servant has been given a reasonable opportunity of making a representation against such enhanced penalty

15. CONSIDERATION OF APPEAL -(Contd.) If appellate authority proposes to impose one of the major penalties and no inquiry as laid down in the rules had been held already • it should itself hold such an inquiry or direct such enquiry to be held and pass self-contained, speaking and reasonable orders

16. DISPOSAL OF APPEAL • no time limit for disposal of appeal is laid down, but the appeal should be disposed off within a reasonable time • Consultation with UPSC necessary in case of all Group ‘A’ Officers before enhancing, setting aside or reducing the penalty already imposed

17. RULE 28 IMPLEMENTATION OF ORDER IN APPEAL By the authority whose order is subject matter of appeal

18. RULE 29 – REVISION- AUTHORITIES • The president • The Comptroller and Auditor General or • any other empowered authority may at any time either on his own motion or otherwise call for records and revise any order made under these rules

19. RULE 29 – REVISION- Powers of the revising authority • confirm, modify or set aside the order; or • confirm, reduce, enhance or set aside the penalty imposed by the order; or • remit the case to the authority which made the order to make such further enquiry as it may consider proper; or • pass such other orders as it may deem fit.

20. GOI Instructions on Revision • Self contained, speaking and reasoned order • Issue over the signature of the prescribed revising authority • Original punishing authority is not competent to revise or cancel its own order • If an appellate order is set aside for procedural defects, the punishment order will also simultaneously stand quashed

21. REVIEW RULE 29-A The president may, at any time, either on his own motion or otherwise review any order passed under CCS (CCA) Rules 1965, when any new material or evidence which could not be produced earlier has come or has been brought to his notice.